The Care Planning, Placement and Case Review (Wales) Regulations 2015

• (c) liaise with the responsible authority in the implementation of the pathway plan,

• (d) co-ordinate the provision of services and take reasonable steps to ensure C makes use of such services,

• (e) remain informed about C's progress and wellbeing, and

• (f) maintain a written record of their contacts with C.

PART 8 — Independent reviewing officers and independent advisers

Additional functions of independent reviewing officers

53

• (1) The IRO must ensure that, having regard to C's age and understanding, C has been informed by the responsible authority of the steps C may take under the 1989 Act and the 2014 Act and in particular, where appropriate—

• (a) C's right to apply, with leave, for an order under section 8 of the 1989 Act (child arrangements orders and other orders with respect to children) and, where C is in the care of the responsible authority, to apply for the discharge of the care order, and

• (b) the availability of the procedure established by it under section 174 of the 2014 Act for considering any representations (including complaints) C may wish to make about the discharge by the responsible authority of its functions, including the availability of assistance to make such representations under section 178 of the 2014 Act.

• (2) If C wishes to take legal proceedings under the 1989 Act, the IRO must—

• (a) establish whether an appropriate adult is able and willing to assist C to obtain legal advice or bring proceedings on C's behalf, and

• (b) if there is no such person, assist C to obtain such advice.

• (3) In the following circumstances the IRO must consider whether it would be appropriate to refer C's case to a Welsh family proceedings officer —

• (a) in the opinion of the IRO, the responsible authority has failed in any significant respect—

• (i) to prepare C's care and support plan in accordance with these Regulations,

• (ii) to review C's case in accordance with these Regulations, or to implement effectively any decision taken in consequence of a review, or

• (iii) is otherwise in breach of its duties to C in any material respect, and

• (b) having drawn the failure to the attention of persons at an appropriate level of seniority within the responsible authority, it has not been addressed to the satisfaction of the IRO within a reasonable period of time.

• (4) When consulted by the responsible authority about any matter concerning C, or when informed of any matter relating to C in accordance with these Regulations, the IRO must—

• (a) ensure that the responsible authority has ascertained, and, subject to C's age and understanding, given due consideration to, C's views, wishes and feelings concerning the matter in question, and

• (b) consider whether to request a review of C's case.

Qualifications and experience of independent reviewing officers

54

• (1) The IRO must be registered as a social worker in a register maintained by Social Care Wales or in the register of social workers in England maintained under section 39(1) of the Children and Social Work Act 2017 or in a corresponding register maintained under the law of Scotland or Northern Ireland.

• (2) The IRO must have sufficient relevant social work experience with children and families to perform the functions of an independent reviewing officer set out in section 100 of the 2014 Act and under these Regulations in an independent manner and having regard to C's best interests.

• (3) The responsible authority must not appoint any of the following as the IRO—

• (a) a person involved in preparing C's care and support plan or the management of C's case,

• (b) R,

• (c) C's personal adviser,

• (d) a person with management responsibilities in relation to a person mentioned in sub-paragraphs (a) to (c), or

• (e) a person with control over the resources allocated to the case.

Independent visitors

55

A person appointed by the responsible authority as an independent visitor under section 98 of the 2014 Act is to be regarded as independent of that authority where the person appointed is not connected with the responsible authority by virtue of being—

• (a) a member of the responsible authority or any of its committees or sub-committees, whether elected or co-opted,

• (b) an officer of the responsible authority employed in the exercise of any of the following functions—

• (i) the functions conferred on or exercisable by the responsible authority in its capacity as local education authority,

• (ii) the functions conferred on or exercisable by the responsible authority which are social services functions (within the meaning of Schedule 2 to the 2014 Act so far as those functions relate to children),

• (iii) the functions conferred on the responsible authority under sections 61 to 63 and 103 to 118 of the 2014 Act (so far as not falling within sub-paragraph (ii)),

• (iv) the functions conferred on the responsible authority by sections 25, 26, 28 and 29 of the Children Act 2004 ,

• (v) the functions conferred on the responsible authority in accordance with section 33 of the National Health Service (Wales) Act 2006 or section 75 of the National Health Service Act 2006 , or

• (c) a spouse, civil partner or other person (whether of different sex or the same sex) living in the same household as the partner of, a person falling within paragraphs (a) or (b).

PART 9 — Application of these Regulations with modifications to children on remand or to children who are detained

Application of these Regulations with modifications to children on remand and to children who are detained

56

• (1) These Regulations apply with the modifications set out in this Part while C is—

• (a) remanded to local authority accommodation,

• (b) remanded to youth detention accommodation (“YDA”), or

• (c) detained .

• (2) In these Regulations—

• (a) where C is remanded to local authority accommodation or to YDA, references to the “responsible authority” are to be read as if they were references to the local authority designated by the court under section 92(2) or section 102(6), as the case may be, of the 2012 Act,

• (b) where C is remanded to YDA or is detained, references to being “placed” are to be read as if they were references to C being so remanded or detained,

• (c) where C is remanded to YDA or is detained—

• (i) references to the “placement plan” are to be read as if they were references to the “detention placement plan”, and

• (ii) where C is a looked after child only by reason of being so remanded, references to the “care and support plan” are also to be read as references to the “detention placement plan”.

Modifications to Part 2

57

• (1) Part 2 (arrangements for looking after a child) applies with the following modifications.

• (2) Where C is a looked after child only by reason of being remanded to local authority accommodation—

• (a) in regulation 4(3), the care and support plan must be prepared within 5 working days of C being so remanded, and

• (b) regulation 5(1)(a) does not apply.

• (3) Where C is remanded to YDA and was a looked after child immediately before being so remanded, or where C is detained—

• (a) regulation 5(1)(c) does not apply, and instead the care and support plan must include a detention placement plan,

• (b) in regulation 6(3), the responsible authority must also give a copy of the care and support plan to the director, governor or registered manager (as the case may be) of the prison or YDA, and

• (c) regulation 7(1) to (4) does not apply.

• (4) Where C is a looked after child only by reason of being remanded to YDA—

• (a) regulation 5 does not apply, and instead the responsible authority must prepare a detention placement plan, which also includes details of the views, wishes and feelings of the persons that are ascertained and considered by the responsible authority in accordance with sections 6(2) and (4), 7(2) and 78(3) of the 2014 Act about the detention placement plan, and the views, wishes and feelings of those persons in relation to any change, or proposed change, to the detention placement plan,

• (b) regulation 7(1) to (4) does not apply, and regulation 7(5) applies with the modification that for “health plan” there is substituted “ detention placement plan ”.

Modifications to Part 3

58

• (1) Part 3 applies with the following modifications.

• (2) Where C a looked after child only by reason of being remanded to YDA, regulations 10, 11, 12 and 15 do not apply, and instead—

• (a) the responsible authority must prepare a plan for the remand (“the detention placement plan”) within 10 working days of C's remand to YDA which—

• (i) sets out how the prison, YDA or premises in which C is required to reside will meet C's needs, and

• (ii) includes the name and address of the YDA and the matters specified in Schedule 10.

• (3) Where C is remanded to YDA and was a looked after child immediately before being so remanded or, where C is detained—

• (a) regulations 10, 11, 12 and 15 do not apply, and instead the responsible authority must prepare a detention placement plan in accordance with sub-paragraph (b);

• (b) the responsible authority must prepare a detention placement plan for the remand or detention (which will be included within C's care and support plan) within 10 working days of C's remand to YDA or detention, which—

• (i) sets out how the prison, YDA or premises in which C is required to reside will meet C's needs, and

• (ii) includes, as appropriate, the name and address of the prison, YDA, or premises in which C is required to reside and the matters specified in Schedule 10;

• (c) the IRO must be informed of the remand or detention.

• (4) Where C falls within paragraph (2) or (3)—

• (a) the responsible authority must ensure that C's views, wishes and feelings have been ascertained and given due consideration;

• (b) the detention placement plan must be agreed with and signed by the director, governor, or registered manager (as the case may be) of the prison or YDA. or the premises in which C is required to reside.

• (5) Where C is remanded to local authority accommodation, regulation 10(1) applies with the modification that the placement plan must be prepared within 5 working days of C being so remanded.

Disapplication of Part 4

59

Part 4 (provision for different types of placement) does not apply where C is remanded to YDA or where C is detained.

Modification of Part 5

60

Part 5 (visits by the responsible authority's representative etc.) applies with the modification that in regulation 31(7)(a), the responsible authority must ensure that R visits C, where C is remanded to YDA or C is detained, whenever reasonably requested to do so by the director, governor or registered manager (as the case may be) of the prison, YDA or the premises in which C is required to reside.

Modification of Part 6

61

Part 6 (reviews) applies with the modification that in regulation 41, the considerations to which the responsible authority must have regard in reviewing C's case where C is remanded to YDA or where C is detained are set out in paragraphs 1, 4, and 6 to 13 of Schedule 8 (considerations to which the responsible authority must have regard when reviewing C's case).

PART 10 — Miscellaneous

Application of these Regulations with modifications to short breaks

62

• (1) In the circumstances set out in paragraph (2), these Regulations apply with the modifications set out in paragraph (3).

• (2) The circumstances are that—

• (a) C is not in the care of the responsible authority,

• (b) the responsible authority has arranged to place C in a series of short-term placements with the same person or in the same accommodation (“short breaks”), and

• (c) the arrangement is such that—

• (i) no single placement is intended to last for more than 4 weeks,

• (ii) at the end of each such placement C returns to the care of C's parent or a person who is not C's parent but who has parental responsibility for C, and

• (iii) the short breaks do not exceed 120 days in total in any period of 12 months.

• (3) The modifications are that—

• (a) regulations 5 and 10 do not apply, but instead the care and support plan must set out the arrangements that have been made to meet C's needs, with particular regard to—

• (i) C's health and emotional and behavioural development, in particular in relation to any disability C may have,

• (ii) promoting contact between C and C's parents and any other person who is not C's parent but who has parental responsibility for C, during any period when C is placed,

• (iii) C's leisure interests, and

• (iv) promoting C's educational achievement,

and must include the name and address of C's registered medical practitioner, and the information set out in paragraph 3 of Schedule 3, where appropriate,

• (b) regulations 7, 14 and 63(2)(b) do not apply,

• (c) regulation 31(2) does not apply, but instead the responsible authority must ensure that R visits C on days when C is in fact placed, at regular intervals to be agreed with the IRO and C's parents (or any person who is not C's parent but who has parental responsibility for C) and recorded in the care and support plan before the start of the first placement and in any event—

• (i) the first visit must take place within the first 7 placement days of the start of the first placement, or as soon as practicable thereafter, and

• (ii) subsequent visits at intervals of not more than 6 months, for as long as the short breaks continue,

• (d) regulation 39 does not apply, but instead—

• (i) the responsible authority must first review C's case within 3 months of the start of the first placement, and

• (ii) the second and subsequent reviews must be carried out at intervals of not more than 6 months.

Records – establishment of records

63

• (1) The responsible authority must establish and maintain a written case record for C (“C's case record”), if one is not already in existence.

• (2) The case record must include—

• (a) C's care and support plan, including any changes made to the care and support plan and any subsequent plans,

• (b) reports obtained under regulation 7,

• (c) any other document created or considered as part of any assessment of C's needs, or of any review of C's case,

• (d) any court order relating to C,

• (e) details of any arrangements that have been made by the responsible authority with any other local authority or with an independent fostering service under regulation 29 and Schedule 6, or with a provider of social work services, under which any of the responsible authority's functions in relation to C are discharged by that local authority or independent fostering service or provider of social work services.

Records - retention and confidentiality

64

• (1) The responsible authority must retain C's case record either—

• (a) until the seventy-fifth anniversary of C's birth, or

• (b) if C dies before attaining the age of 18, for fifteen years beginning with the date of C's death.

• (2) The responsible authority must secure the safe keeping of C's case record and take any necessary steps to ensure that information contained in it is treated as confidential subject only to—

• (a) any provision of, or made under or by virtue of, a statute under which access to such a record or information may be obtained or given,

• (b) any court order under which access to such a record or information may be obtained or given.

Revocations

65

The Regulations set out in Schedule 11 to these Regulations are revoked to the extent specified in that Schedule.

SCHEDULE 1 — Provisions conferring power on the Welsh Ministers which are exercised in the making of these Regulations

Enactment conferring power
The 2014 Act	Sections 81(6)(d), 83(5) 84, 87, 97(4)(a), 97(5), 98(1)(a), 100(1)(b), 100(2)(a), 102(1), 102(2), 104(2)(c), 104(6), 106(4), 107(7)(c), 107(8), 107(9), 108(6), and 196(2)
The Children Act 1989	Sections 31A and 34(8).

SCHEDULE 2 — Care and support plans

Information to be included in the health plan

1

• (1) C's state of health including C's physical, oral, emotional and mental health.

• (2) C's health history including, as far as practicable, C's family's health history.

• (3) The effect of C's health and health history on C's development.

• (4) Existing arrangements for C's medical and dental care, appropriate to C's needs, including—

• (a) routine checks of C's general state of health, including dental health;

• (b) treatment and monitoring for identified health (including physical, emotional and in particular mental health) or dental care needs;

• (c) preventive measures such as vaccination and immunisation;

• (d) screening for defects of vision or hearing; and

• (e) advice and guidance on promoting health and effective personal care (including mental health and oral care).

• (5) Any planned changes to existing arrangements.

• (6) The role of the appropriate person, and of any other person who cares for C, in promoting C's health.

Information to be included in the personal education plan

2

• (1) C's educational and training history including information about educational institutions attended and C's attendance and conduct record, C's academic and other achievements; and C's special educational needs, if any.

• (2) Existing arrangements for C's education and training including details of any special educational provision and any other provision made to meet C's particular educational or training needs and to promote C's educational achievement.

• (3) C's leisure interests.

• (4) Where any change to the arrangements for C's education or training is necessary, provision made to minimise disruption to that education or training.

• (5) The role of the appropriate person and of any other person who cares for C in promoting C's educational achievements and leisure interests.

Family and social relationships

3

• (1) If C has a sibling for whom the responsible authority or another authority is providing accommodation, and the children have not been placed together, the arrangements made to promote contact between them, so far as is consistent with C's well-being.

• (2) If C is looked after by, but is not in the care of, the responsible authority, details of any order relating to C made under section 8 of the 1989 Act.

• (3) If C is a child in the care of the responsible authority, details of any order relating to C made under section 34 of the 1989 Act (parental contact etc. with children in care).

• (4) Any other arrangements made to promote and maintain contact in accordance with section 95 of the 2014 Act, so far as is reasonably practicable and consistent with C's well-being, between C and—

• (a) any parent of C's and any person who is not C's parent but who has parental responsibility for C; and

• (b) any other connected person.

• (5) Where section 98(1) of the 2014 Act (independent visitors for looked after children) applies, the arrangements made to appoint an independent visitor for C or, if section 98(6) of that Act applies (appointment of independent visitor not made where child objects), that fact.

SCHEDULE 3 — Matters to be dealt with in the placement plan

Information to be included in C's placement plan

1

• (1) How on a day to day basis C will be cared for and C's well-being will be safeguarded and promoted by the appropriate person.

• (2) Any arrangements made for contact between C and any parent of C's and any person who is not C's parent but who has parental responsibility for C, and between C and other connected persons including, if appropriate—

• (a) the reasons why contact with any such person would not be reasonably practicable or would not be consistent with C's well-being,

• (b) if C is not in the care of the responsible authority, details of any order made under section 8 of the 1989 Act,

• (c) if C is in the care of the responsible authority, details of any order relating to C made under section 34 of the 1989 Act,

• (d) the arrangements made for notifying any changes in the arrangements for contact.

• (3) The arrangements made for C's health (including physical, emotional and mental health) and dental care including—

• (a) the name and address of C's general practitioner and registered dental practitioner and, where applicable, any general practitioner or registered dental practitioner with whom C is to be registered following the placement,

• (b) any arrangements for the giving or withholding of consent to medical or dental examination or treatment for C.

• (4) The arrangements made for C's education and training including—

• (a) the name and address of any school at which C is a registered pupil,

• (b) the name of the designated person for looked after pupils at that school (if applicable); the name and address of any other education institution that C attends, or of any other person who provides C with education or training,

• (c) where C has a statement of special educational needs, details of the local education authority that maintains the statement.

• (5) The arrangements made for R to visit C in accordance with Part 5, the frequency of visits and the arrangements made for advice and other support to be available to C between visits in accordance with regulation 34.

• (6) If an independent visitor is appointed, the arrangements made for that person to visit C.

• (7) The circumstances in which the placement may be terminated and C removed from the appropriate person's care in accordance with regulation 15.

• (8) The name and contact details of—

• (a) the IRO;

• (b) C's independent visitor (if one is appointed);

• (c) R; and

• (d) if C is a category 1 young person, the personal adviser appointed for C.

Additional information to be included where C is placed with P

2

• (1) A record of—

• (a) the assessment of P's suitability to care for C, including consideration of the matters set out in Schedule 4,

• (b) C's views, wishes and feelings and those of any other person whose views are sought by the responsible authority,

• (c) the decision of the responsible authority to place C with P.

• (2) Details of support and services to be provided to P during the placement.

• (3) The obligation on P to notify the responsible authority of any relevant change in circumstances, including any intention to change address, any changes in the household in which C lives, and any serious incident involving C.

• (4) The obligation on P to ensure that any information relating to C or C's family or any other person given in confidence to P in connection with the placement is kept confidential, and that such information is not disclosed to any person without the consent of the responsible authority.

• (5) The circumstances in which it is necessary to obtain prior approval of the responsible authority for C to live in a household other than P's household.

• (6) The arrangements for requesting a change to the placement plan.

• (7) The circumstances in which the placement will be terminated in accordance with regulation 20(c)(ii).

Additional information to be included where C is placed with F, in a children's home or in other arrangements

3

• (1) A record of the responsible authority's determination under regulation 23(2).

• (2) The type of accommodation to be provided, the address and, where C is placed in other arrangements under section 81(6)(d) of the 2014 Act, the name of the person who will be responsible for C at that accommodation on behalf of the responsible authority (if any).

• (3) Where—

• (a) the responsible authority has, or is notified of, child protection concerns relating to C, or

• (b) C has gone missing from the placement or from any previous placement,

the day to day arrangements put in place by the appropriate person to keep C safe.

• (4) C's personal history, religious persuasion, cultural and linguistic background, sexual orientation, and racial origin.

• (5) Where C is looked after but is not in the care of the responsible authority—

• (a) the expected duration of the arrangements and the steps which should be taken to bring the arrangements to an end, including arrangements for C to return to live with C's parents, or any person who is not C's parent but who has parental responsibility for C; and

• (b) where C is aged 16 or over and agrees to being provided with accommodation under section 76 of the 2014 Act, that fact.

• (6) The respective responsibilities of the responsible authority, C's parents, and any person who is not C's parent but who has parental responsibility for C.

• (7) Any delegation of authority to make decisions about C's care and upbringing by the persons mentioned in sub-paragraph (6) (as appropriate) to—

• (a) the responsible authority,

• (b) F, and

• (c) where C is placed in a children's home, the appropriate person,

in relation to the matters set out in sub-paragraph (8), and identifying any matters about which the persons mentioned in sub-paragraph (6) consider that C may make a decision.

• (8) The matters referred to in sub-paragraph (7) are—

• (a) medical and dental treatment,

• (b) education,

• (c) leisure and home life,

• (d) faith and religious observance,

• (e) use of social media,

• (f) any other matters which the persons mentioned in sub-paragraph (6) consider appropriate.

• (9) The responsible authority's arrangements for the financial support of C during the placement.

• (10) Where C is placed with F, the obligation on F to comply with the terms of the foster care agreement made under regulation 28(5)(b) of the Fostering Regulations or regulation 27(5)(b) of the Fostering Services (England) Regulations 2011.

SCHEDULE 4 — Matters to be taken into account when assessing the suitability of P to care for C

1

In respect of P—

• (a) P's capacity to care for children and in particular in relation to C to—

• (i) provide for C's physical needs and appropriate medical and dental care,

• (ii) protect C adequately from harm or danger, including from any person who presents a risk of harm to C,

• (iii) ensure that the home environment is safe for C,

• (iv) ensure that C's emotional needs are met and C is provided with a positive sense of self, including any particular needs arising from C's religious persuasion, racial origin, sexual orientation, cultural and linguistic background, and any disability C may have,

• (v) promote C's learning and intellectual development through encouragement, cognitive stimulation and the promotion of educational success and social opportunities,

• (vi) enable C to regulate C's emotions and behaviour, including by modelling appropriate behaviour and interactions with others, and

• (vii) provide a stable family environment to enable C to develop and maintain secure attachments to P and other persons who provide care for C;

• (b) P's state of health including—

• (i) P's physical health,

• (ii) P's emotional health,

• (iii) P's mental health,

• (iv) P's medical history,

• (v) any current or past issues of domestic violence,

• (vi) any current or past issues regarding substance misuse,

and the relevance or otherwise of any of these factors upon P's capacity to care for children and in particular C;

• (c) P's family relationships and composition of P's household, including particulars of—

• (i) the identity of all other members of the household, including their age and the nature of their relationship with P and with each other, including any sexual relationship,

• (ii) any relationship with any person who is a parent of C (whether or not resident in the same household as P),

• (iii) other adults not being members of the household who are likely to have regular contact with C, and

• (iv) any current or previous domestic violence between members of the household, including P;

• (d) P's family history, including—

• (i) particulars of P's childhood and upbringing including the strengths and difficulties of P's parents or other persons who cared for P,

• (ii) P's relationships with P's parents and siblings, and their relationships with each other,

• (iii) P's educational achievement and of any specific learning difficulty or disability,

• (iv) a chronology of significant life events, and

• (v) particulars of other relatives and their relationships with C and P;

• (e) particulars of any criminal offences of which P has been convicted or in respect of which P has been cautioned;

• (f) P's past and present employment and other sources of income; and

• (g) the nature of the neighbourhood in which P's home is situated and resources available in the community to support C and P.

2

In respect of members of the household aged 18 and over, so far as is practicable, all the particulars specified in paragraph 1 except sub-paragraphs (d), (f) and (g).

SCHEDULE 5 — Matters to be taken into account when assessing the suitability of a connected person to care for C

1

In respect of the connected person—

• (a) the nature and quality of any existing relationship with C;

• (b) their capacity to care for children and in particular in relation to C to—

• (i) provide for C's physical and emotional needs and ensure that C will have appropriate medical and dental care,

• (ii) protect C adequately from harm or danger including from any person who presents a risk of harm to C,

• (iii) ensure that the accommodation and home environment is suitable with regard to the age and developmental stage of C,

• (iv) promote C's learning and development, and

• (v) provide a stable family environment which will promote secure attachments for C, including the promotion of positive contact with P and other connected persons, unless to do so is not consistent with the duty to safeguard and promote C's well-being;

• (c) their state of health, including current state of physical, emotional and mental health and medical history including any current or past issues of domestic violence, substance misuse or mental health problems;

• (d) their family relationships and the composition of their household, including particulars of—

• (i) the identity of all other members of the household, including their age and the nature of their relationship with the connected person and with each other, including any sexual relationship,

• (ii) any relationship with any person who is a parent of C,

• (iii) any relationship between C and other members of the household,

• (iv) other adults not being members of the household who are likely to have regular contact with C, and

• (v) any current or previous domestic violence between members of the household, including the connected person;

• (e) their family history, including—

• (i) particulars of their childhood and upbringing, including the strengths and difficulties of their parents and other persons who cared for them,

• (ii) their relationships with their parents and siblings, and their relationships with each other,

• (iii) their educational achievement and any specific learning difficulty or disability,

• (iv) a chronology of significant life events, and

• (v) particulars of other relatives and their relationships with C and the connected person;

• (f) particulars of any criminal offences of which they have been convicted or in respect of which they have been cautioned;

• (g) their past and present employment and other sources of income; and

• (h) the nature of the neighbourhood in which their home is situated and resources available in the community to support C and the connected person.

2

In respect of members of the household aged 18 and over, so far as is practicable, all the particulars specified in paragraph 1 except sub-paragraphs (e), (f) and (g).

SCHEDULE 6 — Agreement with an independent fostering service relating to the discharge of the responsible authority's functions

1

The agreement must contain the following information—

• (a) the services to be provided to the responsible authority by the registered provider,

• (b) the arrangements for the selection by the responsible authority of F from those approved by the registered provider,

• (c) a requirement for the registered provider to submit reports to the responsible authority on any placements as may be required by the responsible authority, and

• (d) the arrangements for the termination of the agreement.

2

Where the agreement relates to a particular child, it must also contain the following information—

• (a) F's details,

• (b) details of any services that C is to receive and whether the services are to be provided by the responsible authority or by the registered provider,

• (c) the terms (including as to payment) of the proposed placement agreement,

• (d) the arrangements for record keeping about C and for the return of records at the end of the placement,

• (e) a requirement for the registered provider to notify the responsible authority immediately in the event of concerns about the placement, and

• (f) whether and on what basis other children may be placed with F.

SCHEDULE 7 — Matters to be considered before placing C in accommodation in an unregulated setting under section 81(6)(d) of the 2014 Act

1

In respect of the accommodation, the—

• (a) facilities and services provided,

• (b) state of repair,

• (c) safety,

• (d) location,

• (e) support,

• (f) tenancy status, and

• (g) the financial commitments involved for C and their affordability.

2

In respect of C, C's—

• (a) views about the accommodation,

• (b) understanding of their rights and responsibilities in relation to the accommodation, and

• (c) understanding of the funding arrangements.

SCHEDULE 8 — Considerations to which the responsible authority must have regard when reviewing C's case

1

The effect of any change in C's circumstances since the last review, in particular of any change made by the responsible authority to the C's care and support plan, whether decisions taken at the last review have been successfully implemented, and if not, the reasons for that.

2

Whether the responsible authority should seek any change in C's legal status.

3

Whether there is a plan for permanence for C.

4

The arrangements for contact and whether there is any need for changes to the arrangements in order to promote contact between C and P, or between C and other connected persons.

5

Whether C's placement continues to be the most appropriate available, and whether any change to the placement plan or any other aspects of the arrangements made to provide C with accommodation is, or is likely to become, necessary or desirable before the next review of C's case.

6

Whether C's placement safeguards and promotes C's well-being, and whether any safeguarding concerns have been raised.

7

C's educational needs, progress and development and whether any change to the arrangements for C's education and training is, or is likely to become, necessary or desirable to meet C's particular needs and to promote C's educational achievement before the next review of C's case, having regard to the advice of any person who provides C with education or training, in particular the designated person of any school at which C is a registered pupil.

8

C's leisure interests.

9

The report of the most recent assessment of C's state of health obtained in accordance with regulation 7 and whether any change to the arrangements for C's health care is, or is likely to become, necessary or desirable before the next review of C's case, having regard to the advice of any health care professional received since the date of that report, in particular C's general practitioner.

10

Whether C's needs related to C's identity are being met and whether any particular change is required, having regard to C's religious persuasion, racial origin, sexual orientation, and cultural and linguistic background.

11

Whether the arrangements made in accordance with regulation 34 continue to be appropriate and understood by C.

12

Whether any arrangements need to be made for the time when C will no longer be looked after by the responsible authority.

13

C's wishes and feelings, and the views of the IRO, about any aspect of the case and in particular about any changes the responsible authority has made since the last review or proposes to make to C's care and support plan.

14

Where regulation 31(3) applies, the frequency of R's visits.

15

Where C is a category 1 young person who has been placed with a local authority foster parent, ascertain whether C and F intend to make a post-18 living arrangement.

16

If paragraph 15 applies and if C wishes to make such an arrangement but F does not, consider whether C should be placed with a different local authority foster parent in order to facilitate the making of such an arrangement when C ceases to be looked after.

17

Where C falls within regulation 5(1)(f), whether C's needs as a result of that status are being met.

SCHEDULE 9 — Matters to be dealt with in the pathway plan

1

The name of C's personal adviser.

2

The nature and level of contact and personal support to be provided to C, and by whom.

3

Details of the accommodation C is to occupy when C ceases to be looked after.

4

Where C wishes to make a post-18 living arrangement, details of the advice and support the responsible authority will provide to facilitate and support C in the making of such an arrangement.

5

The plan for C's continuing education or training when C ceases to be looked after.

6

How the responsible authority will assist C in obtaining employment or other purposeful activity or occupation.

7

The support to be provided to enable C to develop and sustain appropriate family and social relationships.

8

A programme to develop the practical and other skills C needs to live independently.

9

The financial support to be provided to enable C to meet accommodation and maintenance costs.

10

C's health care needs, including any physical, emotional or mental health needs and how they are to be met when C ceases to be looked after.

11

The responsible authority's contingency plans for action to be taken in the event that the pathway plan ceases to be effective for any reason.

SCHEDULE 10 — Matters to be dealt with in the detention placement plan

1

How on a day to day basis C will be cared for and how C's well-being will be safeguarded and promoted by the staff of the prison, YDA or premises in which C is required to reside.

2

Any arrangements for contact between C and any parent of C's or any person who is not C's parent but who has parental responsibility for C, and between C and any other connected person including, if appropriate—

• (a) the reasons why contact with any such person would not be reasonably practicable or would not be consistent with C's well-being,

• (b) if C is not in the care of the responsible authority, details of any order made under section 8 of the 1989 Act,

• (c) the arrangements for notifying any changes in the arrangements for contact.

3

The arrangements made for R to visit C in accordance with Part 5, the frequency of such visits and the arrangements made for advice and other support to be available to C between visits in accordance with regulation 34.

4

If an independent visitor is appointed, the arrangements made for them to visit C.

5

The arrangements made by the staff of the prison, YDA or premises in which C is required to reside for C's health (including physical, emotional and mental health) and dental care.

6

The arrangements made by the staff of the prison, YDA or premises in which C is required to reside for C's education and training including—

• (a) the name and address of any educational or training institution C was attending, or any other person providing C with education or training, immediately before C's remand or detention,

• (b) where C has a statement of special educational needs, details of the local authority (or local authority in England) that maintains the statement.

7

C's personal history, religious persuasion, cultural and linguistic background, sexual orientation, and racial origin, and the arrangement put in place by the staff of the prison, YDA or premises in which C is required to reside for meeting the needs relating to C's identity.

8

The arrangements put in place by the staff of the prison, YDA or premises in which C is required to reside for supporting C to develop self-care skills.

9

The name and contact details of—

• (a) the IRO,

• (b) C's independent visitor (if one is appointed),

• (c) R,

• (d) if C is a category 1 young person, the personal advisor appointed for C.

10

Details of how C's well-being should be adequately safeguarded and promoted when C ceases to be remanded to YDA or detained, in particular—

• (a) whether C will be provided with accommodation by the responsible authority or another local authority or a local authority in England, and

• (b) whether any other services should be provided by the responsible authority or by another local authority under the 2014 Act, or a local authority in England in exercise of its duties under the 1989 Act.

SCHEDULE 11 — Revocations

The Regulations set out in the Table are revoked to the extent specified—

Regulations revoked	Series number	Extent of revocation
Contact with Children Regulations 1991	S.I. 1991/891	The whole Regulations
Definition of Independent Visitors (Children) Regulations 1991	S.I. 1991/892	The whole Regulations
Placement of Children with Parents etc Regulations 1991	S.I. 1991/893	The whole Regulations
Children (Short-term Placements) (Miscellaneous Amendments) Regulations 1995	S.I. 1995/2015	The whole Regulations*
		(* regulation 2 has already been revoked in relation to Wales)

Signed

Mark Drakeford — Minister for Health and Social Services, one of the Welsh Ministers — 2015-10-21

Explanatory note

(This note is not part of the Regulations)

Footnotes

Health care

Contact with a child in care

The Regulations set out in the Table are revoked to the extent specified—

Regulations revoked	Series number	Extent of revocation
Contact with Children Regulations 1991	S.I. 1991/891	The whole Regulations
Definition of Independent Visitors (Children) Regulations 1991	S.I. 1991/892	The whole Regulations
Placement of Children with Parents etc Regulations 1991	S.I. 1991/893	The whole Regulations
Children (Short-term Placements) (Miscellaneous Amendments) Regulations 1995	S.I. 1995/2015	The whole Regulations*
		(* regulation 2 has already been revoked in relation to Wales)

Editorial notes